Boomer V. Atlantic Cement Co.
''Boomer v. Atlantic Cement Co.'',26 N.Y.2d 219, 309 N.Y.S.2d 312 (N.Y. 1970) was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. The case was one of the first and most influential instances of a court applying permanent damages. It is widely referenced in law and economics research and case law. Background Oscar H. Boomer and other Land owners with property adjacent to a cement plant had sued, alleging that dirt, smoke and vibration issuing from it constituted nuisance. The trial court agreed and awarded damages, but rejected the request for an injunction to cut off the problem. On appeal, the court observed that ordinarily, "where a nuisance has been found and where there has been any substantial damage shown by the party complaining, an injunction will be granted." Following that path would result in closing the plant, however, and the court sought to avoid that "drastic ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the "Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its supr ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Stanley H
Stanley may refer to: Arts and entertainment Film and television * ''Stanley'' (1972 film), an American horror film * ''Stanley'' (1984 film), an Australian comedy * ''Stanley'' (1999 film), an animated short * ''Stanley'' (1956 TV series), an American situation comedy * ''Stanley'' (2001 TV series), an American animated series Other uses in arts and entertainment * ''Stanley'' (play), by Pam Gems, 1996 * Stanley Award, an Australian Cartoonists' Association award * '' Stanley: The Search for Dr. Livingston'', a video game * Stanley (Cars), a character in ''Cars Toons: Mater's Tall Tales'' * '' The Stanley Parable'', a 2011 video game developed by Galactic Cafe, and its titular character, Stanley Businesses and organisations * Stanley, Inc., American information technology company * Stanley Aviation, American aerospace company * Stanley Black & Decker, formerly The Stanley Works, American hardware manufacturer ** Stanley knife, a utility knife * Stanley bottle, a bran ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Francis Bergan
Francis Bergan (April 20, 1902 Albany, New York – March 23, 1998 Albany, NY) was an American lawyer and politician. Life He was the son of Michael Bergan and Mary Bergan. He was educated at the New York State College for Teachers. Then he worked as a court reporter for the '' Knickerbocker Press'', and studied law. He graduated LL.B. from Albany Law School in 1923, and was admitted to the bar in 1924. He was elected to the Albany City Court in 1929, and to the Albany Police Court in 1933. In 1935, he was elected to the New York Supreme Court (3rd District), and re-elected in 1949. He was a delegate to the New York State Constitutional Convention of 1938. While sitting on the Supreme Court, he attended night classes at Siena College and graduated B.A. in 1946. Two years later, Siena conferred an LL.D. on him. He sat on the Appellate Division (3rd Dept.) from 1949 to 1963. He was Presiding Justice from 1960 on. In 1963, he was elected unopposed to the New York Court of Appeals. ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Adrian P
Adrian is a form of the Latin given name Adrianus or Hadrianus. Its ultimate origin is most likely via the former river Adria from the Venetic and Illyrian word ''adur'', meaning "sea" or "water". The Adria was until the 8th century BC the main channel of the Po River into the Adriatic Sea but ceased to exist before the 1st century BC. Hecataeus of Miletus (c.550 – c.476 BC) asserted that both the Etruscan harbor city of Adria and the Adriatic Sea had been named after it. Emperor Hadrian's family was named after the city or region of Adria/Hadria, now Atri, in Picenum, which most likely started as an Etruscan or Greek colony of the older harbor city of the same name. Several saints and six popes have borne this name, including the only English pope, Adrian IV, and the only Dutch pope, Adrian VI. As an English name, it has been in use since the Middle Ages, although it did not become common until modern times. Religion * Pope Adrian I (c. 700–795) * Pope Adrian II ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Matthew J
Matthew may refer to: * Matthew (given name) * Matthew (surname) * ''Matthew'' (ship), the replica of the ship sailed by John Cabot in 1497 * ''Matthew'' (album), a 2000 album by rapper Kool Keith * Matthew (elm cultivar), a cultivar of the Chinese Elm ''Ulmus parvifolia'' Christianity * Matthew the Apostle, one of the apostles of Jesus * Gospel of Matthew The Gospel of Matthew), or simply Matthew. It is most commonly abbreviated as "Matt." is the first book of the New Testament of the Bible and one of the three synoptic Gospels. It tells how Israel's Messiah, Jesus, comes to his people and ..., a book of the Bible See also * Matt (given name), the diminutive form of Matthew * Mathew, alternative spelling of Matthew * Matthews (other) * Matthew effect * Tropical Storm Matthew (other) {{disambiguation ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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John F
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Court Of Appeals Of New York
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the "Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its su ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Law And Economics
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law, which emerged primarily from scholars of the Chicago school of economics. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance. History Origin The historical antecedents of law and economics can be traced back to the classical economists, who are credited with the foundations of modern economic thought. As early as the 18th century, ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Nuisance
Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects". ''Private nuisance'' is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed. Definition Under the common law, persons in possession of real property (la ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Net Present Value
The net present value (NPV) or net present worth (NPW) applies to a series of cash flows occurring at different times. The present value of a cash flow depends on the interval of time between now and the cash flow. It also depends on the discount rate. NPV accounts for the time value of money. It provides a method for evaluating and comparing capital projects or financial products with cash flows spread over time, as in loans, investments, payouts from insurance contracts plus many other applications. Time value of money dictates that time affects the value of cash flows. For example, a lender may offer 99 cents for the promise of receiving $1.00 a month from now, but the promise to receive that same dollar 20 years in the future would be worth much less today to that same person (lender), even if the payback in both cases was equally certain. This decrease in the current value of future cash flows is based on a chosen rate of return (or discount rate). If for example there exi ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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New York (state) State Case Law
New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * ''New York'' (1916 film), a lost American silent comedy drama by George Fitzmaurice * ''New York'' (1927 film), an American silent drama by Luther Reed * ''New York'' (2009 film), a Bollywood film by Kabir Khan * '' New York: A Documentary Film'', a film by Ric Burns * "New York" (''Glee''), an episode of ''Glee'' Literature * ''New York'' (Burgess book), a 1976 work of travel and observation by Anthony Burgess * ''New York'' (Morand book), a 1930 travel book by Paul Morand * ''New York'' (novel), a 2009 historical novel by Edward Rutherfurd * ''New York'' (magazine), a bi-weekly magazine founded in 1968 Music * ''New York EP'', a 2012 EP by Angel Haze ** "New York" (Angel Haze song) * ''New York'' (album), a 1989 album by Lou Reed ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |